ATTACHMENT 1
1 DONATION AND INDEMNITY
AGREEMENT
CAST BRONZE BENCH AT JOHNNY
CARSON PARK
1. IDENTIFICATION
THIS DONATION AND INDEMNITY AGREEMENT (“Agreement”) is entered into by and between the City of Burbank, a California municipal corporation (“City”), and Ron and Cheryl Howard (“Donor”), as of this ____ day of _________________, 2025.
1.1 The Burbank City Council has formally accepted a Donation of a Cast Bronze Bench (“Bench”) to be installed at Johnny Carson Park as described more fully in Section 3 below.
1.2 The Bench will be hollow cast bronze, assembled from several individual cast bronze sections which are welded together. The seams and joins are all filed and dressed to make it appear seamless. The Bench will be cast by Bollinger Atelier o f Temple, Arizona, using the lost wax process. It will feature a French Brown patina (liver/highlight/ferric) with wax as the final sealant. The Bench is expected to have dimensions of about 60 inches in width, 44 inches in height, and 19 inches in depth, with an approxima te weight of 700 pounds. (See Exhibit A- Artistic Cast Iron Bench Design and Dimensions, attached hereto and incorporated herein).
1.3 The Bench has an estimated value of $88,441.00, which includes the cost of production, shipping, and installation. In addition, there will be a re -occurring maintenance cost associated with the upkeep of the Bench.
NOW, THEREFORE, and in consideration of the mutual covenants and conditions herein contained, City and Donor agree as follows:
2. DONATION
2.1 Donation: Donor will donate the Bench with an estimated value of eighty- eight thousand four hundred and forty -one dollars ($88,441.00) to the City for the benefit of the community to be housed in Johnny Carson Park located at 400 South Bob Hope Drive.
2.2 Term of Agreement: This Agreement expires 20 years from the date on which the Agreement is fully executed. On or before six months before the expiration date, the City and the Donor, or the named heir below, agree to meet and confer on the terms of a new Agreement for continued use and maintenance of the Bench.
Bryce Dallas Howard-Gabel
Howard Family Office
10 Lexington Ave
Greenwich, Connecticut 06830
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2 In the event that the Donor, or the named heir above, cannot be reached, the City agrees to make reasonable attempts to contact the Donor’s then-existing representative, for at least thirty (30) days. If the City is unsuccessful in its attempts at contacting a Donor representative, the City shall have the exclusive right to decide on the use of the Bench.
3. DONOR OBLIGATIONS
3.1 The Donor shall be responsible for the design, fabrication, transportation, and installation of the Bench, including foundation, concrete padding, all materials, labor, and equipment necessary for such design and installation, except as described under City obligations below.
3.2 The Donor shall be responsible for all architect ural and structural design fees associated with the creation and installation of the Bench.
3.3 The Donor shall be responsible for obtaining all permits or approvals necessary to effectuate Bench design and installation from the City. The City shall provide reasonable assistance to the Donor in obtaining such permits or approvals.
3.4 The Donor agrees to indemnify and hold harmless the City, its officers, directors, employees, and agents (collectively referred to as the "Indemnified Parties"), from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with any act or omission of the Donor or any of its agents or employees that result in bodily injury, property damage, or other harm to any third party as a result of the creation and installation of the Bench
3.5 Donor shall provide City with a certificate of insurance showing that Contractor has current insurance coverage for the installation of the Bench, including but not limited to general liability insurance and workers' compensation insurance, with limits of liability and coverage satisfactory to City.
3.6 Condition of the Bench: The Donor represents and warrants that the design, workmanship, and materials used shall be free from defects or damage that would affect the value or quality of the Bench for the first year from the date of installation. Should any repairs be necessary to the Bench within one year from the date of installation due to defects in the design, materials, or workmanship of the Bench, the Donor shall make such repairs at its sole expense. The Donor agrees to provide the City with any documentation related to the Bench provenance, including certificates of authenticity, exhibition history, and appraisals.
3.7 Use and Display of the Bench: The Donor acknowledges that the City will have full control over the use and display of the Bench subject to section
2.2 of this Agreement.
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3 3.8 Conservation and Maintenance: The Donor agrees to provide the City with detailed maintenance instructions and requirements necessary for the proper care of the Bench.
3.9 Replacement: The Donor acknowledges that the Donor is responsible for the replacement and installation of the Bench for the first year, beginning from the date on which the Donor certifies the date of installation, in the event the Bench is damaged or unrepairable due to material defects.
3.10 Hazardous Materials: The Donor shall not bring onto City property any hazardous materials as part of the installation of the Bench . For the purpose of this Agreement, hazardous material is defined as substances defined as hazardous substances, hazardous materials or toxic substances in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 US C §9601, et seq.); the Hazardous Materials Transportation Act (49 USC §1801, et seq.); the Resource Conservation and Recovery Act (42 USC §6901, et seq.); and those substances defined as hazardous waste in §25117 of the California Health Safety Code or as hazardous substances in §25316 of the California Health and Safety Code; and in the regulations adopted in publications promulgated pursuant to said laws.
4. CITY OBLIGATIONS
4.1 City shall accept the Donation provided by Government Code sections 37354 and 37355 and the City’s Administrative Procedure V1 -12 Contribution of Merchandise or Money to City Departments.
4.2 City agrees to provide Donor with any reasonable documentation requested by Donor to support its application for a tax deduction for its donation to the City under this Agreement.
4.3 Upon Donor’s request, City shall recognize Donor in publicity, news releases, printed matter, and other public information regarding the Bench.
4.4 City agrees to waive all permit fees associated with the installation of the Bench on City property.
4.5 In the event the City determines that Johnny Carson Park is no longer an appropriate location for the Bench, City agrees to relocate the Bench to a new location mutually agreed upon by the City and the Donor. In the event the Donor is unavailable, the City shall contact the Donor’s named heir or representative, as listed under section 2.2 of this Agreement, to discuss any relocation of the Bench.
4.6 Conservation and Maintenance: The City will be responsible for the conservation, maintenance, and repair of the Bench from years two to twenty from the date of installation, up to $2,500 annually.
4.7 Replacement: The City will be responsible for the replacement and installation of the Bench from year s two to twenty from the date of ATTACHMENT 1
4 installation in the event the Bench is damaged or unrepairable . The replacement cost should not exceed $88,441.00.
4.8 The City agrees to indemnify and hold harmless the Donor, its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with any act or omission of the City or any of its agents or employees that result in bodily injury, property damage, or other harm to any third party as a result of the use of the Bench, after installation.
5. NOTICES
Any notices required by this Agreement shall be sent to:
If to City:
City of Burbank
Attn: Parks and Recreation Director
150 North Third Street
Burbank, California 91502
Telephone: (818) 238 -5310
Facsimile: (818) 238-5321
With a courtesy copy to:
City of Burbank
City Attorney
275 East Olive Avenue
Burbank, California 91502
Telephone: (818) 238 -5700
Facsimile: (818) 238-5724
If to Donor:
Howard Family Office
Attn: Ron and Cheryl Howard
10 Lexington Ave
Greenwich, Connecticut 06830
Telephone: (203) 869-0840
5.0 EXECUTION COUNTERPARTS
This Agreement may be executed in counterparts and each such duplicate counterpart shall constitute an original, any one of which may be used for any purpose without the production of its duplicate counterpart. Moreover, each counterpart shall be deemed for all purposes to be an original, and all such counterparts together shall constitute one and the same instrument, binding on all Parties hereto. Transmission by facsimile, electronic mail, and/or other validated instantaneous electronic transmission to one Par ty of a true copy of a counterpart duly executed by the other Party shall constitute valid delivery of such counterpart, and shall be valid, binding, and effective for all purposes. Notwithstanding the foregoing, the authority under this Section to execute this Agreement with an electronic signature shall be limited to a physical (“wet ink”) signature placed on a counterpart to this Agreement by a Party and transmitted electronically as described in this Section to the other Party.
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5 6.0 INTEGRATION
This instrument constitutes the entire Agreement between City and Donor with respect to the Donor’s donation described herein. No other prior oral or written agreements are binding upon the parties. Any amendments to this Agreement shall be effective only if made in writing and executed by both City’s representative and Donor.
[Signature Page on the Following Page]
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6 TO EFFECTUATE THIS AGREEMENT, the City has caused its duly authorized representative to execute this Agreement on the dates set forth below. Donor makes this contract, if at all, by making the donation specified in Section 3.
"DONOR"
[Ron and Cheryl Howard]
"CITY"
City of Burbank
Signature Signature
Name (Please Print) Name (Please Print)
Title Title
If Donor is a corporation or LLC, a
second signature is required:
ATTEST:
Office of the City Clerk
Signature
Name (Please Print)
Title Kimberley Clark, City Clerk
Approved as to Form
Burbank City Attorney’s Office
By:
Ray Johal, Senior Assistant City Attorney
ATTACHMENT 1
7 EXHIBIT A
Artistic Cast Iron Bench Design and Dimensions